got some legal advice today...

I asked today some lawyers online, the number on thing they said I needed to add as a disclaimer to my site it that my readings are "for entertainment purposes only".

I hate to say that, but I guess I have to to cover myself. But it really feels like it belittles what I do. After I spent the whole rest of my site trying to show how commited I am and with testemonials (soon to come) about my readings being accurate...I don't like having to add in it's not real and just for enertainment, like it was just some kind of party gameand not to be taken seriously (sigh). Don't you think???

I guess this is me venting for today. LOL

Babs

I agree, putting a disclaimer on the site does feel like it cheapens what we do somehow. But I think that it is a necessary evil because you never know...I have the following on my site in fine (but readable) print


"The fine print...please be advised that if your reading is of a medical or legal nature keep in mind that I am not a doctor, lawyer or mental health professional. Readings are for personal empowerment, self development, and entertainment purposes only. I can't and won't tell you what to do. I can only give you information. What you chose to do with it is your business."

You would think that people would know this, but there are those out there who might try to take advantage of you and the situation. I think most clients aren't that way, but for the few that are a disclaimer like this helps.

Oooh thank you for the idea!

I had planned to use:

""The information given in readings through this site is for entertainment purposes only and in no way should be taken as a substitute for medical, legal or other professional advice. You must be 18 or older to request a reading."

But I really like what you said, and with your permission Iwill add in personal empowerment, self development also.


That would make mine:" The information given in readings through this site is for personal empowerment, self development, and entertainment purposes only and in no way should be taken as a substitute for medical, legal or other professional advice. You must be 18 or older to request a reading. "

I do not think I need to put in on every page (do you agree), just at the bottom of the page where people would pay. They don't need to hear it unless they are ready to be a paying client as I see it.

Thanks for the idea! I really like it. It takes the sting out a bit of saying it is only entertainment like a party game. It shows it can enlighten as well.

Love it,

Babs

Also in case anyone needs this info, the legal info I was given included that if hire other readers one day you should say in your disclaimereither :

"the above is not an employee of www. (your site)" So if they get in trouble it does not reflect back on the site or on you...

or

"we take no responsibility for the information given from our site, this is for entertainment purposes only"

That one I hated too (sigh) I don't like to say that I don't take what I do responsibly. And if I were a client that would sure put me off to read that.

Thought I would add this in case anyone ever hires more readers to help them on their site, although it did not apply to me.

Babs

I suggest : "Caveat emptor, arguendo" or "ad usum proprium, arguendo" on the bottom of each page, of course I lean toward's anarchy and the right's of the individual

I know what you mean, I hate that too, and how it seems to cheapen one's work. But where I live, small businesses are vulnerable to people who don't seem to let anything bad happen to them without blaming someone else, and sometimes suing, whether it's justified or not. Trust me, the slight discomfort you feel about that disclaimer is nothing compared to how you'd feel if someone slapped you with a lawsuit.

For Entertainment Only ...

Hello Babs

Thank you for the post detailing what "on-line lawyers" have advised. It's something I'm researching for "Tarot Professionals" at the moment. I'd be very interested in (if you can PM me) which sites you used, and if you paid for this advice.

At present, I can find (in the UK) no evidence or reason at all to put the disclaimer "for entertainment purposes only" for Tarot Reading or Astrology Consultations. This seems to be a popular misconception. In fact, under the latest legal regulations applying to trading here in Europe (which now covers all trading, any specific reference to Tarot in law has just been repealed) the advice might lean towards *not* putting such a statement!

Here's why (and Tarot Professionals had a contract solicitor go over the legislation and produce a 10-page advice document for our members) ...

If you make any statement in writing, it forms part of the contract between you and the client. It is such a contract that would form part of the argument in the case of any legal disagreement. You could have performed the most accurate, astounding, clearly communicated Tarot reading ever given to a client, and then a week later they could ask for their money back, threatening to take you to court if you didn't repay them. Why?

Because they might have considered your reading to *not* have been "entertaining", which is the only written contract you made with them!!! So if you put this statement (which isn't actually a 'disclaimer') you have to ensure your readings are *only* 'entertaining' otherwise you are misleading your clients and liable (in UK & European law) to a prosecution. Having said that, even under our old "Fraudulent Mediums Act" (now repealed) there were only ever 8 court cases in about 40 years, and they were all outright fraud, not against real Tarot Readers, etc.

So I'm now looking at State-by-State, City-by-City Ordinances across the US for our members, to offer accurate advice specifically for readers as we already offer for UK/European members. If you can PM me with any details, I'd be very interested and it would be useful for our members.

Under UK/European law, the best advice currently is simply to clearly state your background, the nature of your readings, likely outcomes, and ensure that the client understands and agrees to your service before payment. You should also offer a clear guidance to what you offer in the case of a non-satisfied customer (i.e. repayment in part, in full, only within 3 days, etc.).

The "for entertainment purposes" statement I suspect has arisen more as a "marketing" statement than a "legal" one - more people (according to surveys I've researched as part of an academic paper on Tarot in culture) will go for readings if they consider them just 'entertainment' than if you advertise/market them as 'deep insights into your personal situation which may result in you having to think about your life'. And *that's* a sad fact indeed.

May a full deck of possibilities be yours

Marcus Katz M.A. M.B.A. PhD Candidate (Western Esotericism)

Wow, Marcus. Interesting. I'd never have thought of it from that angle.

I don't follow the idea that one could be sued for failing to "entertain." Movie theaters don't give money back after the show if they show the film, you stay and watch and then decide later you didn't have a good time. (Go ahead, try to sue them for the ticket cost.) The "intention" to entertain is no guarantee that the audience will like what they get.

On the other hand, the shop where I work did consult an attorney, and he advised an extensive disclaimer, including the matter of noting that readers are not employees of the shop, just as Babs heard. Are these attorneys being overcautious? Maybe. Their job is to advise their clients on how to protect themselves.

In the old days condom vending machines in public restrooms bore the notice "Sold for the prevention of disease only" in case the machine wound up in a state where it was illegal to sell birth control.

Once that issue went away, was the notice scraped off the front of the machines? Nah.

The "for entertainment purposes" thing is a US thing to cover the fact that in MANY states "fortune telling" is indeed illegal. As far as I know, it does not even apply in Canada - and nor does it in the UK, except in some municipalities (I believe Major Tom has recent experience of this one in action...) - though it is wise to have some form of disclaimer here for other reasons - the litigious nature of the British public, to be blunt. I have no doubt at all, that sooner or later someone in the UK will sue a reader because what s/he said did not come to pass. And given mad UK courts, "precedent law" and the "sale of goods" act - probably win.....

Disclaimers are for the law, not to mean anything. For pity's sake - has no-one else here bought a packet of peanuts labelled "Caution: This package may contain peanuts" ? It is JUST for the seller's protection, so no-one can come back at you ! Don't feel belittled by stupidity - rise above it, Babs !